infringement of third party rights, merchantability, or fitness for any particular
purpose.
4.1 Inzone warrants that it has the right to grant the License.
4.2 All express or implied representations, conditions, warranties and terms relating to
the Software or this agreement not expressly stated in this agreement are excluded to
the extent permitted by law. However, nothing in this agreement excludes, restricts or
modifies any conditions, warranty, right or remedy implied or imposed by any statute
or regulation if it cannot lawfully be excluded, restricted or modified.
4.3 If the law implies or imposes a non-excludable condition or warranty which can
be limited, Inzone's liability to Client for breach of that condition or warranty will be
limited to one or more of the following as Inzone may decide:
(a) in the case of goods, to:
(i) replacing the foods or supplying equivalent goods;
(ii) repairing the goods;
(iii) paying for the cost of replacing the goods or buying equivalent goods; or
(iv) paying for the cost of repairing the goods; or
(b) in the case of services; to
(i) supplying the services again; or
(ii) paying for the cost of supplying the services again.
4.4 Subject to clause 4.3, except as expressly stated in this clause and to the extent
permitted by law, Inzone excludes liability to any person for and in relation to any
loss, damage, or expense arising out of the use by that person of the Software or
reliance upon the Software in any way, including without limitation, loss of profits or
loss of business opportunities, and any other direct , indirect, incidental, special or
consequential loss or damages, lost profits or lost business opportunities, even if
Inzone has been advised of the possibility of such damages.
4.5 Subject to clause 4.3 and to the extent permitted by law, the maximum aggregate
liability of Inzone under or relating to this agreement or its subject matter whether in
contract, tort (including without limitation negligence), in equity, under statute, under
indemnities or on any other basis, is limited to an amount equal to one quarter of the
Software License Fee paid by Client under this agreement.
4.6 If a court finds that Inzone has a liability to pay Client damages in circumstances
where Client or a third party has contributed to Client's loss, the damages Inzone has
to pay, calculated in accordance with this Agreement, will be reduced so far as the law
permits to the amount which would be payable by Inzone if:
(a) the defense of contributory negligence applied to a claim based on breach of
contract;
(b) Client had not agreed to exempt or limit the liability of anyone other than Inzone;
and
(c) Client joined every person who contributed to Client's loss and Inzone or the
Client obtained an order for contribution against each of them and they paid Client the
full amount of their contribution.
4.7 For the avoidance of doubt, Inzone is not required under this agreement to provide
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